Commission to Target 'Bullies'

Commission to Target 'Bullies'

By David Bates, MD, Workforce Guardian - Australia's leading
HR and employment relations service for employers

The Commonwealth Government has announced an increase in
funding of $5m per year to the Fair Work Commission (previously
known as Fair Work Australia) to ensure it can fully exercise its
new powers to hear complaints about alleged workplace
bullying.

While actual bullying is a very serious issue that should always
be addressed, Workforce Guardian is very concerned the new powers
granted to the Commission will lead to a surge in unfounded claims
being lodged by unhappy employees.

Every day we hear from employers who tell us they find it
increasingly difficult to manage employees because they fear being
called a bully. It seems any reasonable instruction issued by an
employer can be seen as bullying by today's increasingly
'rights-aware' employees.

Just last month we assisted a subscriber respond to an
allegation of bullying made by an angry employee after the employer
refused to buy her a return ticket to Europe! While this is an
extreme case, we routinely handle 'bullying' claims arising from
poor performance appraisals, request for medical certificates
following extended absences and reasonable disciplinary action.

Under the Commission's new powers, all of these claims can be
lodged directly by the employee with the Commission which, in turn,
will force the employer to direct their valuable and limited time
and attention away from running their business and focus instead on
seeking advice and preparing their case. We don't believe that's
either right or fair.

Bullying has no place in modern Australian workplaces, but
frivolous claims should have no place either.